Complicated situation--please help!

J

Jerryfan5

Registered Users (C)
This is a very complicated situation, but I am desparate for advice please!

I am a Canadian getting married to a US citizen in US within 1.5 months. I just realized NOW that I need a K1 visa to get married in US (I thought my Canadian passport would be sufficient as it has always been). It's too late now to get one, and it'd be impossible to move the wedding date (as we've already paid for everything). If I do get married within a few days after arriving in US, and then leave US immediately after our wedding day, will that pose serious problems in the future when I apply for perminant residence or K3 visa?:eek:

Because of work circumstances, I will be living in Canada for another 4 years while he lives in US. Of course, I'll be traveling frequently back and forth. If I apply for immigrant visa (via consular processing), will I be able to travel back and forth (for <1week at a time, every 1-2 months) while my I-130 awaits approval? For consular processing, do both of us have to be present for the interview.

Also, once I am granted conditional permanent residence status, is there a certain amount of time I need to live in the US within a certain period? Should I apply for the K3 visa at the same time? :confused:

Thanks a million!
 
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If I do get married within a few days after arriving in US, and then leave US immediately after our wedding day, will that pose serious problems in the future when I apply for perminant residence or K3 visa?
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no, that's actually the only way to guarantee that you will NOT have problems.

You can get married on any visa in the US (or just enter as a Canadian citizen). You just can't decide to "stay" afterwards.
If I apply for immigrant visa (via consular processing), will I be able to travel back and forth (for <1week at a time, every 1-2 months) while my I-130 awaits approval? For consular processing, do both of us have to be present for the interview.
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probably not, since you would have exhibited immigrant intent. However, as a Canadian citizen you may not have the same problems as other people.

I will be living in Canada for another 4 years
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why 4 years????
is there a certain amount of time I need to live in the US within a certain period?
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yes. You need to live in the US permanently.

Yes, you can apply for K-3 at the same time. Seeing how I-130 will be processed within a year, I don't see why you would file it anyway - since you want to continue living in Canada for 4 more years and that contradicts your wish to get a GC - permanent residence in the States.
 
LucyMO said:
Yes, you can apply for K-3 at the same time. Seeing how I-130 will be processed within a year, I don't see why you would file it anyway - since you want to continue living in Canada for 4 more years and that contradicts your wish to get a GC - permanent residence in the States.
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I'm confused by your statement. In order to apply for K-3, I have to file I-130 first. So, can I not apply for a GC once I-130 is approved? Or does approval of I-130 automatically means I have to complete consular processing?

I will be living in Canada for another 4 years because of my work contract unfortunately.

Thanks again!
 
PraetorianXI said:
You can not live in Canada for 4 years and claim US Residency. :p
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Yes, I understand, but I need to file I-130 in order to obtain K3 visa (to visit my fiancee). Will I be obligated to continue with consular processing once I-130 is approved (which I don't want to do as I'll be living in Canada for another 4 years)?
 
Why do you need the K3 visa now, 4 years before you want to live in the US? As a Canadian, couldn't you visit your spouse without a visa? In my understanding, the K3 will give you the benefit to live and work in the US while your AOS to permanent residency is pending, but based on your plans I don't see how that applies in your case.
 
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As a Canadian, I can't visit my husband in US once I am "a spouse of a US citizen" without proper visa. Herein lies my dilemma. How can I visit my spouse?
 
Are you sure you can't temporarily travel? I'm not too familiar with the special Canadian rules but a quick glance at a relevant state department website states this:

Citizens of Canada traveling to the U.S. do not require a nonimmigrant visa, except for the purposes as described below.

[...]

U.S. citizen's foreign citizen spouse, who is traveling to the U.S. to complete the process of immigration (K-3).

[...]

I don't think you'd be traveling to complete your immigration process so I don't see how this applies.
 
Yes, I do have a job and property. I'm just afraid that if I travel back and forth every month for 4years, I'll be stopped by the customs one day. Also, although my work contract requires that I stick with my position in Canada for another 4 years, I may be able to work in US for 2-4 months in the next 4 years.

If so, that raises the question of work VISA. Obviously I wouldn't want a H visa because that would require me to go back to Canada for 2 years after. J visa is not an option. Again I'm stuck:( That's why I thought of a K3 visa, which would enable me to travel back and forth, stay in US for 2-4 months, and work. But applying for K3 would be applying for I-130/GC. What do I do?:confused:

Thanks again everyone!
 
There is a TN visa for Canadians.

K-3 will not work for 4 years.

Living in Canada while having a US GC will not work either.
 
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